That's it. No caselaw, no common law, no Vattel. Just Leo declaring that Obama is not eligible. Which goes to bolster a position I've long held: that Birthers first adopted the belief that NBCs needed two citizen parents, and only THEN went in search of authority they could claim as support.

Now we know why he's so pissed off at Justia. Leo didn't have a Lexis or Westlaw account. If Justia hadn't surgically scrubbed all reference to Minor, Leo would have cited Minor in that brief. Simple.

That neither Mr. Justice Miller nor any of the justices who took part in the decision of The Slaughterhouse Cases understood the court to be committed to the view that all children born in the United States of citizens or subjects of foreign States were excluded from the operation of the first sentence of the Fourteenth Amendment is manifest from a unanimous judgment of the Court, delivered but two years later, while all those judges but Chief Justice Chase were still on the bench, in which Chief Justice Waite said: “Allegiance and protection are, in this connection” (that is, in relation to citizenship),

reciprocal obligations. The one is a compensation for the other: allegiance for protection, and protection for allegiance. . . . At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children, born in a country of [p680] parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further, and include as citizens children born within the jurisdiction, without reference to the citizenship of their parents. As to this class, there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens.

Minor v. Happersett (1874), 21 Wall. 162, 166-168.

You sent me looking to make sure. Haven't read the case for a while. It's there.



This should be VERY embarrassing for them.

7.
Norbrook October 26, 2011 at 11:35 #

John can apparently add “database construction” to his extensive list of “things I don’t understand.” This is a common problem anytime you’re trying to take a large amount of information – in particular, text – and create a searchable database with internal links from it. In this case, it looks like Justia assumed that there was a standard format for case citings, and minor changes caused their automated process to hiccup. It wasn’t until birthers started using it for one particular case that it came to light, but I’m positive if you went through the entire Justia data set, you’d find multiple instances of this occurring. It’s not a conspiracy, it’s just GIGO.

That Tim Stanley only went on the record with an official comment after scrubbing the entire history of Justia’s Supreme Court case publications is very telling. Perhaps Stanley thought we were all so focused on the date when Justia first sabotaged the cases that we might overlook the intermediate benevolent revision accomplished perfectly devoid of errors. But since the cases were successfully hyper-linked by 2007, and remained that way through the first snapshots showing the sabotage by Nov. 2008, there was no motive for Justia to revise the case links again. But they were revised again to include the sabotage. And the sabotage remained in the cases until after I published about Pope and Boyd in July.

Name: Alec Rawls
Location: United States

Here is a short bio I sent to press people covering the Flight 93 memorial debacle. My training is as an economist. I was in the PhD program in economics at Stanford until my research led me more towards moral theory and constitutional law, at which point I dropped the program and started working on my own. I was writing a book on republicanism (the system of liberty under law) for World Ahead Publishing when I discovered that the Flight 93 memorial was going to be a terrorist memorial mosque. World Ahead agreed to first publish my book about this rehijacking of Flight 93 (Crescent of Betrayal, temporarily available for free download at CrescentOfBetrayal.com). This is not my first venture into journalism. Over the years I have been a writer, opinions editor, and advisor for Stanford’s conservative campus newspaper The Stanford Review, and am currently on the Review’s board of directors.

A Pennsylvania pastor is fighting the newly approved design of the Flight 93 National Memorial, contending its crescent pattern is a symbol of Islam.

Rev. Ron McRae, head of the Bible Anabaptist Church near Jerome, Pa., about 55 miles from Pittsburgh, said a private group he formed might go to court to block the "Crescent of Embrace" memorial designed by Paul Murdoch Associates of Los Angeles.

I understood that there was a coding error. I didn't get what it was about until I read Norbrook's comment over at nbc's blog.



http://nativeborncitizen.wordpress.com/ ... x-problem/


Not that it will matter to birfers. I already have birfers telling me CNET article is not credible because Leo's article is full of citations and the CNET article is not. So there!

Much ado about nothing again... Leo's paranoia has once again struck it seems

Is there an OFFLINE, all inclusive(volumes 1-500+,) resource for SCOTUS Reports? Preferably Free. Downloadable?

Donofrio commenter:

Yes; it is called the "library."

Is Justia’s hijinks the reason why you didn’t cite Minor in what you filed with the U.S. Supreme Court in 2008?

I would be lying if I said I could answer that with certainty. The sabotage at Justia may have contributed to my brief not mentioning Minor. I just don’t know three years later what I looked at on the weekend before the election. My state level case was based upon state statutes… in that the SOS office in New Jersey admitted to me that they did not do anything to verify whether either candidate was eligible. According to a statute in NJ, the SOS is required to establish whether the names on the ballots are allowed to be on the ballots according to law. Since the SOS office admitted no such verification had taken place, I filed a complaint in lieu of prerogative writs (similar to a writ of mandamus) in order to compel the SOS to do her job and to verify the legality of the names on the ballots. Essentially, the state level case was not designed to get a ruling on whether either candidate was eligible, it was a case to compel the SOS to investigate that issue and follow the statute. I was hoping she would be forced to petition SCOTUS to make a determination. Whether they were or were not eligible was not the core issue. The core issue was that the State officer failed to make that determination which was required according to law. I pointed out in my briefs that McCain was born in Panama and that Obama was a dual citizen at birth, but I was not booked up on case law at the time.

The NJ App Division accepted emergency status for the filing the week before the election but didn’t rule until late Thursday (and a more BS ruling has never been seen – more on that some other time)… On Friday I appealed to the NJ Supreme Court who denied review within hours of the case being filed. That weekend I made a last minute decision to go to SCOTUS. I only had a very short time to research on the web (the County law library near me iss closed on weekends). I knew it was very important to file the case before the election, so that meant getting to DC and getting it filed y 4:30 PM that Monday. Furthermore, I was asking SCOTUS for an emergency stay of the election, not a full review on the merits. Under the circumstances, I thought it was enough to state the main issue, that McCain was not eligible since he was born in Panama, and that Obama was not eligible since he was a dual citizen at birth. I did NOT have the knowledge and command of the intricacies of the various SCOTUS cases like Minor at that time. Had SCOTUS granted the stay, the issue would have required more intense briefing. But, at the time I first filed the stay application, the day before the ’08 election, I was NOT aware of Minor. Whether the Justia sabotage contributed, I cannot say because I do not recall what I looked at on my computer screen.

So I cannot blame Justia for my not knowing Minor at the time.

I was naive enough to believe that the SCOTUS would have to take the case since it seemed obvious to me on an instinctual level that neither candidate was eligible. Furthermore, Roger Calero was in slot C on the NJ ballots and he clearly was not eligible having been born in Nicaragua to alien parents, so the ballots in NJ were in fact defective and should have been destroyed and a stay should have been put in place… even if it was just to remove Calero. I honestly thought there was a good chance that New Jersey would be forced to vote at a later date, or that the election would be postponed. Ha! Naive? You bet. What an education it’s been. Very good question, Bob. – Leo

Leo is crazy, but to his honour I admit he is honest, a rare virtue in Birferstan.

Leo Donofrio,

You pug. Why don't you drop your case against Orly Taitz.

G.D. we need as many resources as possible against the USURPER....not each other. Fool!